Case 1:14-cv-00525-GMS Document 11 Filed 09/04/14 Page 1 of 4 PageID #: 594
`Case 1:14-cv-00525-GMS Document 8 Filed 08/28/14 Page 1 of 4 PageiD #: 571
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`JOAO CONTROL & MONITORING
`SYSTEMS, LLC,
`
`Plaintiff,
`
`)
`)
`)
`)
`)
`) C.A. No. 14-525-GMS
`)
`)
`)
`)
`)
`Defendant.
`____________________________ )
`
`v.
`
`VERIZON COMMUNICATIONS INC.,
`
`JURY TRIAL DEMANDED
`
`STIPULATION AND [PROPOSED] ORDER OF
`DISMISSAL OF VERIZON COMMUNICATIONS INC. AND
`SUBSTITUTION OF TERREMARK NORTH AMERICA LLC
`
`Plaintiff Joao Control & Monitoring Systems, LLC ("JCMS") and Defendant Verizon
`
`Communications Inc. submit the following Stipulation of Dismissal ofVerizon Communications
`
`Inc. and Substitution of Terremark North America LLC, and in support thereof state:
`
`WHEREAS, On April23, 2014, Plaintiff JCMS filed suit against Verizon
`
`Communications Inc. alleging infringement of U.S. Patent Nos. 6,542,076; 6,542,077;
`
`6,549,130; 6,587,046; 7,277,010 and 7,397,363;
`
`WHEREAS, the parties are interested in substituting Terremark North America LLC in
`
`place of Defendant Verizon Communications Inc.; and
`
`WHEREAS, Verizon Communications Inc. represents and warrants that:
`
`1. Verizon Communications Inc. is a holding company that does not make, market,
`
`advertise, sell, offer for sale, or otherwise provide any goods or services of any
`
`kind to the public, anywhere, including any of the products and services accused
`
`of infringement in the Complaint (see 0.1. 1).
`
`Page 1 of 4
`
`Patent Owner JCMS’s Exhibit No. 2004
`
`
`Case 1:14-cv-00525-GMS Document 8 Filed 08/28/14 Page 1 of 4 PageiD #: 571
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`JOAO CONTROL & MONITORING
`SYSTEMS, LLC,
`
`Plaintiff,
`
`)
`)
`)
`)
`)
`) C.A. No. 14-525-GMS
`)
`)
`)
`)
`)
`Defendant.
`____________________________ )
`
`v.
`
`VERIZON COMMUNICATIONS INC.,
`
`JURY TRIAL DEMANDED
`
`STIPULATION AND [PROPOSED] ORDER OF
`DISMISSAL OF VERIZON COMMUNICATIONS INC. AND
`SUBSTITUTION OF TERREMARK NORTH AMERICA LLC
`
`Plaintiff Joao Control & Monitoring Systems, LLC ("JCMS") and Defendant Verizon
`
`Communications Inc. submit the following Stipulation of Dismissal ofVerizon Communications
`
`Inc. and Substitution of Terremark North America LLC, and in support thereof state:
`
`WHEREAS, On April23, 2014, Plaintiff JCMS filed suit against Verizon
`
`Communications Inc. alleging infringement of U.S. Patent Nos. 6,542,076; 6,542,077;
`
`6,549,130; 6,587,046; 7,277,010 and 7,397,363;
`
`WHEREAS, the parties are interested in substituting Terremark North America LLC in
`
`place of Defendant Verizon Communications Inc.; and
`
`WHEREAS, Verizon Communications Inc. represents and warrants that:
`
`1. Verizon Communications Inc. is a holding company that does not make, market,
`
`advertise, sell, offer for sale, or otherwise provide any goods or services of any
`
`kind to the public, anywhere, including any of the products and services accused
`
`of infringement in the Complaint (see 0.1. 1).
`
`Page 1 of 4
`
`Patent Owner JCMS’s Exhibit No. 2004
`
`
`
`Case 1:14-cv-00525-GMS Document 11 Filed 09/04/14 Page 2 of 4 PageID #: 595
`Case 1:14-cv-00525-GMS Document 8 Filed 08/28/14 Page 2 of 4 PageiD #: 572
`
`2. Verizon Communications Inc. is separate and distinct from other Verizon entities,
`
`including Verizon's operating subsidiaries. Verizon Communications Inc.
`
`observes all corporate formalities, including having its own board of directors and
`
`its own officers.
`
`3. Verizon Communications Inc. agrees that for purposes of discovery in this case,
`
`any relevant, responsive, non-privileged documents and information in the
`
`possession, custody or control of Verizon Communications Inc., if any, are
`
`deemed also to be in the possession, custody and control ofTerremark North
`
`America LLC. Terremark North America LLC will not object to a request for a
`
`deposition on the grounds that the prospective deponent is an employee of
`
`Verizon Communications Inc. (though nothing in this stipulation prevents
`
`Terremark North America LLC from objecting to a deposition on other grounds).
`
`4. To the extent that any judgment is awarded against Terremark North America
`
`LLC in this case, Terremark North America LLC will be able to satisfy any such
`
`judgment, if any. Verizon Communications Inc. and Terremark North America
`
`LLC each warrants and represents that it will not take any action that will cause
`
`Terremark North America LLC to be unable to fully satisfy any judgment entered
`
`in this case.
`
`NOW THEREFORE, in reliance upon the representations and warranties made above, it
`
`is hereby stipulated by the parties, subject to the approval of the Court, that:
`
`I. JCMS agrees to dismiss Verizon Communications Inc. without prejudice, as
`
`allowed under Rule 4l(a)(2) ofthe Federal Rules of Civil Procedure;
`
`2
`
`Page 2 of 4
`
`Patent Owner JCMS’s Exhibit No. 2004
`
`
`
`,
`
`I
`
`Case 1:14-cv-00525-GMS Document 11 Filed 09/04/14 Page 3 of 4 PageID #: 596
`Case 1:14-cv-00525-GMS Document 8 Filed 08/28/14 Page 3 of 4 PageiD #: 573
`
`2. The Complaint filed in the above captioned matter at 0.1. 1 is hereby amended to
`
`substitute Terremark North America LLC as the defendant in place ofVerizon
`
`Communications Inc.;
`
`3. The Complaint's allegations concerning Verizon Communications Inc. shall be
`
`deemed to be directed to Terremark North America LLC, except that the
`
`allegations contained in Paragraph 3 are deemed to be deleted and replaced with a
`
`new Paragraph 3, which is as follows:
`
`Upon information and belief, Terremark North America LLC is a Florida
`limited liability company with a principal place of business at: 50 NE 9th
`Street, Miami, Florida 33132.
`
`4. JCMS has not released, and nothing in this Stipulation should be construed as a
`
`release or discharge of, any claim JCMS has or may have in the future against any
`
`defendant named in this action or any other asserted infringer ofthe patents-in-
`
`suit. All other rights have been expressly reserved;
`
`5. The substitution ofTerremark North America LLC as defendant in this litigation
`
`does not constitute an admission that any of these entities perform any of the acts
`
`of infringement alleged in the Complaint (See D.I. 1). All other rights, defenses,
`
`and counterclaims, are expressly reserved; and
`
`6. Terremark North America LLC shall respond to the Complaint in this action on
`
`the later of three (3) business days following the entry of this stipulation by the
`
`Court or August 28, 2014.
`
`3
`
`Page 3 of 4
`
`Patent Owner JCMS’s Exhibit No. 2004
`
`
`
`Case 1:14-cv-00525-GMS Document 11 Filed 09/04/14 Page 4 of 4 PageID #: 597
`Case 1:14-cv-00525-GMS Document 8 Filed 08/28/14 Page 4 of 4 PageiD #: 574
`
`STAMOULIS & WEINBLATT, LLC
`
`SEITZ ROSS ARONSTAM & MORITZ LLP
`
`Respectfully submitted,
`
`Is/ Stamatios Stamoulis
`Stamatios Stamoulis (#4606)
`Richard C. Weinblatt (#5080)
`Two Fox Point Centre
`6 Denny Road, Suite 307
`Wilmington, DE 19809
`(302) 999-1540
`stamoulis@swdelaw .com
`weinblatt@swdelaw .com
`
`Of Counsel:
`
`Steven W. Ritcheson (pro hac vice anticipated)
`HENINGER GARRISON DAVIS, LLC
`9800 D Topanga Canyon Blvd. #347
`Chatsworth, CA 91311
`(818) 882-1030
`swritcheson@hgdlawfirm .com
`
`Maureen V. Abbey (pro hac vice anticipated)
`HENINGER GARRISON DAVIS, LLC
`220 St. Paul Street
`Westfield, NJ 07090
`(908) 379-8475
`maureen@hgdlawfirm.com
`
`Counsel for Plaintiff Joao Control &
`Monitoring Systems, LLC
`
`Dated: August 28, 2014
`
`Is/ Benjamin J. Schladweiler
`Collins 1. Seitz, Jr. (#2237)
`Benjamin J. Schladweiler (#460 I)
`100 S. West Street, Suite 400
`Wilmington, DE 1980 I
`(302) 576-1600
`cseitz@seitzross.com
`bschladweiler@seitzross.com
`
`Of Counsel:
`
`Frank C. Cimino, Jr.
`Megan S. Woodworth
`DICKSTEIN SHAPIRO LLP
`1825 Eye Street, N.W.
`Washington, D.C. 20006-5403
`(202) 420-2200
`ciminof@dicksteinshapiro.com
`woodworthm@dicksteinshapiro.com
`
`Robert E. Bugg
`DICKSTEIN SHAPIRO LLP
`1633 Broadway
`New York, NY 10019-6708
`(212) 277-6500
`buggr@dicksteinshapiro.com
`
`Counsel for Defendant Verizon
`Communications Inc.
`
`BL GREGORY
`THEHON
`UNITED STATES DISTRICT JUDO
`
`4
`
`Page 4 of 4
`
`Patent Owner JCMS’s Exhibit No. 2004
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